[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12241-12243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03369]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0040]
RIN 1625-AA00


Emergency Safety Zone; Pacific Ocean, Bodega Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the Pacific Ocean near Bodega Bay, CA in support of 
pollution response operations for the vessel ALEUTIAN STORM from 
February 13, 2024, to February 19, 2024. Based on this information, 
this safety zone is necessary to protect vessels and the marine 
environment from potential hazards associated with pollution response 
operations. Unauthorized persons or vessels are prohibited from 
entering into, transiting through, or remaining in the safety zone 
without permission from the Captain of the Port San Francisco or a 
designated representative.

DATES: This rule is effective without actual notice from February 16, 
2024, through 11:59 p.m. February 19, 2024. For the purposes of 
enforcement, actual notice will be used from February 13, 2024, through 
February 16, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0040 in the search box and click ``Search.'' Next, in the Document 
Type

[[Page 12242]]

column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email LT William Harris, U.S. Coast Guard Sector San Francisco, 
Waterways Management Division; at telephone (415) 399-7443, email 
<a href="/cdn-cgi/l/email-protection#d5869382b4a1b0a7a2b4aca695a0a6b6b2fbb8bcb9"><span class="__cf_email__" data-cfemail="e3b0a5b48297869194829a90a396908084cd8e8a8f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule under authority in 5 
U.S.C. 553(b)(B). This statutory provision authorizes an agency to 
issue a rule without prior notice and opportunity to comment when the 
agency for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because it is 
impracticable. The Coast Guard identified active pollution stemming 
from the aground vessel ALEUTIAN STORM on February 12, 2024, and 
immediate action is necessary to respond to the pollution threat. It is 
impracticable to go through the full rulemaking process, including a 
reasonable comment period and consideration, because the Coast Guard 
must establish this emergency temporary safety zone by February 13, 
2024.
    Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to protect persons, vessels, and the marine 
environment involved in pollution response operations at the vessel 
ALEUTIAN STORM.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector San Francisco (COTP) has 
determined that potential hazards associated with pollution response 
operations starting February 13, 2023, will be a safety concern for 
anyone within a 1,100-yard radius seaward of the vessel ALEUTIAN STORM 
at coordinates 38[deg]19'43'' N 123[deg]4'16.2'' W (NAD 83). This rule 
is needed to protect persons, vessels, and the marine environment in 
the navigable waters within the safety zone during pollution response 
operations.

IV. Discussion of the Rule

    This rule establishes a temporary safety 1,100-yard safety zone in 
the navigable waters of the Pacific Ocean seaward of coordinates 
38[deg]19'43'' N 123[deg]4'16.2'' W (NAD 83) from 11:30 a.m. on 
February 13, 2024, to 11:59 p.m. on February 19, 2024, or as announced 
by Broadcast Notice to Mariners. The effect of the temporary safety 
zone will be to restrict vessel navigation in this area until the 
Captain of the Port San Francisco (COTP) determines that the hazards 
associated with the pollution response operations for the vessel 
ALEUTIAN STORM are no longer present. Except for persons or vessels 
authorized by the Captain of the Port or a designated representative, 
no vessel may enter or remain in the restricted area. A ``designated 
representative'' means a Coast Guard coxswain, petty officer, or other 
officer operating a Coast Guard vessel, or a Federal, State, or local 
officer designated by or assisting the COTP in the enforcement of the 
safety zone.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the limited 
duration and narrowly tailored geographic area of the safety zone. 
Although this rule restricts access to the navigable waters encompassed 
by the safety zone, the effect of this rule will not be significant 
because the local waterway users will be notified to ensure the safety 
zone will result in minimum impact. The vessels desiring to transit 
through or around the temporary safety zone may do so upon express 
permission from the COTP or the COTP's designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,

[[Page 12243]]

Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
safety zone lasting less than a week during hours that will prohibit 
entry within 1,100 yards of pollution response operations at the vessel 
ALEUTIAN STORM. It is categorically excluded from further review under 
paragraph L60(c) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1, 
Revision No. 01.3.


0
2. Add Sec.  165.T11-158 to read as follows:


Sec.  165.T11-158  Emergency Safety Zone; Pacific Ocean, Bodega Bay, CA

    (a) Location. The following area is a safety zone: all navigable 
waters, from surface to bottom, within a 1,100-yard radius seaward of 
the following coordinates 38[deg]19'43'' N 123[deg]4'16.2'' W (NAD 83).
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel, or a Federal, State, or local officer designated by or 
assisting the Captain of the Port San Francsico (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulation in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or the COTP's designated representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate within the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative. Persons and vessels may request permission to enter the 
safety zone through the 24-hour Command Center at telephone (415) 399-
3432.
    (d) Enforcement period. This section will be enforced from 11:30 
a.m. on February 13, 2024, to 11:59 p.m. on February 19, 2024, or as 
announced via Broadcast Notice to Mariners.
    (e) Information Broadcasts. The COTP or the COTP's designated 
representative will notify the maritime community of periods during 
which this zone will be enforced in accordance with 33 CFR 165.7.

    Dated: February 13, 2024.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port Sector San Francisco.
[FR Doc. 2024-03369 Filed 2-14-24; 4:15 pm]
BILLING CODE 9110-04-P


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